SMITH COUNTY, TN - WILLS - Stephen Pate, 15 Mar 1842
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WILL BOOK 7, P 61 & 62
SMITH CO, TN
Dated 15 Mar 1842
Prob 01 Jun 1846
WILL OF STEPHEN PATE
In the name of God, Amen: I, STEPHEN PATE, of the county of Smith and
the State of Tennessee being weak in body but strong in mind and knowing that
all men die, do make this my last will and Testament -
1st I commend my soul to God who gave it.
2nd It is my will and desire that all my just debts be paid.
3rd It is my will and desire that my wife, POLLY, shall have what money
may be in hand at my death, all the household and kitchen furniture, farming
Tools, negros stock and provisions, the land and all other estate that I may
possess at my death, except what is hereafter otherwise bequeathed, during her
natural life or widowhood.
4th It is my will and desire that no more of my property shall be
inventoried and sold than shall be necessary to carry into execution the
bequests herein after stated and during life and widowhood that she shall
have full priviledge of living upon the property as she may wish and shall
not be bound to give any security for the fourth-coming of any part of it.
5th It is my wish and desire that if my wife thinks that she can spare
that much, that at my death my daughter, SALLY BUTLER, or her children shall
have fifty dollars - PEYTON PATE one hundred dollars - CALEB PATE one hundred
dollars - my daughter, HARRIET, one hunded dollars - JAMES KING and his wife,
PEGGY, fifty dollars - PHILLIP DRAPER and his wife, ELIZABETH twenty-five
dollars - which with what I have heretofore given them, will make all these
one hundred dollars apiece. But should I give any of these anything more
which I have, that much is to come out of it, but should my wife be of the
opinion that she cannot spare that amount Then it is my desire that PEYTON,
CALEB and HARRIET shall have fifty dollars and the balance to themselves and
SALLY BURTON, JAMES KING and wife, also PHILLIP DRAPER and wife. She may make
up for them as she can spare it the amount which may be lacking to fill the
5th Item as above required but she is only to pay them as she can spare it and
if she should not think that she can spare it during her life or widowhood,
then they must wait or receive it at her death or marriage.
6th It is my will and desire that all the notes which I may have of any
of my children at my death, that they shall pay them as they will stand for
themselves and are not taken into or included in what has been or may
hereafter be given to them.
7th Whereas I have heretofore given to some of my children their full
share of my Estate which are the following names of my children and their full
share - To wit:
BEAMAN GRAVES and his wife, SUSANNAH, BOOKER PATE, JUBAL PATE, JOHN BLUFORD
and his wife AGNES, to STEPHEN PATE for himself and ESQR PATE seven hundred
and twenty-seven dollars and fifty cents to be equally divided between them
as their full share. And to JEREMIAH PATE his full share.
8th It is my will and desire that at my wife's death the whole of the
property, land and negroes, and the other property that may be left, be sold
and divided equally among SALLY BURTON, if living, if dead her children to
take her share, PEYTON PATE, CALEB PATE, HARRIET PATE, JAMES KING and his
wife, also PHILLIP DRAPER'S wife, aftger making them equal, if it has not
been done according to the 5th Item in this will.
9th It is my will and desire that my Grandson, STEPHEN PATE, son of
JUBAL PATE, shall have fifty dollars at my death or as soon as it can be
paid, consistent with my wife's situation and wishes.
10th Should it so happen that my wife should marry, then it is my desire
that she should have one half the balance of her life, a childs part with the
last named six children and them to have the balance and at her death, it is
my desire that her part be divided equally among the said last six children.
11th My daughter, POLLY BARKER, having died without issue, it is my will
and desire that no other person shall draw any of my estate on her account.
12th And whereas my son, BOOKER PATE, was Administrator of the Estate of
my son HAMPTON, who died without issue and whereas the proceeds of said
Estate was paid over by BOOKER PATE to me instead of his brothers and
sisters, so before any of the legatees in this will shall have their
legacies, they must give to the said BOOKER, a quit claim for their share of
said HAMPTON'S Estate, and on refusal to do so, BOOKER is to have the legacy
alloted to such legatee, so refusing as indemnity to him.
In witness whereof, I have hereunto set my hand and seal the 15th of
March 1842.
Imp STEPHEN PATE (Seal)
JAMES YOUNG
STEPHEN C PATE
CODICIL:
Whereas my Son-in-Law, LEROY CARTER and his wife HARRIET my daughter are now
living with me and nursing and taking care of me and my wife. Now it is my
desire that should they still continue to live with us and take care of us
and provide for me and my wife plentifully and comfortably according to our
former manner of living so long as either of us may live then after the death
of me and my wife that the said LEROY CARTER & his wife HARRIET for such
service shall have the tract of land on which I now live containing one
hundred acres more or less and to enable the said LEROY CARTER to provide for
us as above required he is to have the use of all the property which I may
die possessed of and mony if any and the said LEROY CARTER and his wife
HARRIET are to have also the negro child Jessie. It is my desire that after my
death and the death of my wife that my sons PEYTON and CALEB shall have all
the balance of my estate which my wife may have except the land. I having
heretofore given to my son-in-law LEROY CARTER all my entire stock of hogs,
cattle, and the large white horse & a sorrel filly three years old past and
all my farming tools it is my desire for him to have the same.
In witness whereof I have hereto set my hand and Seal this 27th day of
January 1846.
STEPHEN (x) PATE
WITNESS: His Mark
JAMES YOUNG
EDWARD P PATE
03 Jul 1848. SAMPSON MC CLELLAN appointed Administrator of STEPHEN PATE Estate